Executive Order JB-2010-3 CITY OF CARMEL, INDIANA
EXECUTIVE ORDER
JB- 2010 -3
WHEREAS, Indiana Code §36- 4- 5 -3(9) requires the chief executive officer of a municipality to sign contracts
on behalf of same, unless otherwise delegated; and
WHEREAS, Indiana Code §36- 4 -9 -12 empowers the city attorney of a municipality to manage the
municipality's legal affairs and to prepare contracts for all executive departments of the municipality pursuant to the
directive of the municipality's chief executive officer; and
WHEREAS, under Indiana law, Public Works projects (as defined by Indiana Code §4- 13.6 -1 -13) and Public
Works Contracts (as defined by Indiana Code §4- 13.6 -1 -14) are subject to a statutory framework for Change Orders
(as defined by Indiana Code §36- 1- 12 -18) that municipalities cannot modify by ordinance or executive order; and
WHEREAS, master contracts, which record in writing the standard terms under which goods and services
are to be provided on an ongoing basis, are an efficient and commonly -used tool to avoid duplicitous and repetitive
contracts and bureaucratic waste; and
WHEREAS, this Order shall apply to all City of Carmel "City contracts that fall outside the statutory scope
of Public Works Contracts; and
WHEREAS, every effort should be made to ensure that government is transparent, and that the City's
contracts are available to, and accessible by, the public.
NOW, THEREFORE, by virtue of the power and authority granted to me as Mayor of the City of Carmel,
Indiana, I, James Brainard, do hereby declare and order that, the prior Executive Order JB- 2010 -1 is hereby
rescinded, and the following provisions shall effective on and after April 29, 2010:
(1) All contracts for goods and services that pertain to Public Works shall continue to be administered in
accordance with Indiana law, including Change Orders to such contracts.
(2) All City contracts that provide for goods and /or services for a term greater than one (1) year shall be
reviewed annually by the Carmel City Attorney to ensure that they remain valid and legally appropriate.
(3) All City contracts for goods and services "Goods and Services Contracts in a total amount of greater
than Twenty Thousand Dollars ($20,000.00) shall be in writing and in a form approved by the City
Attorney.
(4) All Goods and Services Contracts, within which an initial, specific contract amount is provided (the "Base
Contract Amount may authorize additional services "Additional Services pursuant thereto. When the
[Z: \E Bass \My Documents\ ExecutiveOrders\JB- 2010.03 Exec Order Contracts revised.doc:4 /29/2010 1:49 PM]
if
cost of such Additional Services exceeds a combined total of more than twenty percent (20 of the
Base Contract Amount, a contract amendment "Additional Services Amendment shall be agreed upon
by the City and the vendor. The basic terms of the original contract shall apply to the Additional
Services Amendment. Such Additional Services Amendment shall be ratified by the Board of Public
Works and Safety, considered part of the original contract, and made part of the Board's record.
(5) All Additional Services Amendments shall be submitted to the Mayor, or his designee, for authorization,
by the department director requesting such Additional Services Amendment.
(6) Each department director shall be responsible for providing to the President of the Carmel City Council
(the "Council a copy of Additional Services Amendments from his /her department after it is ratified by
the Board of Public Works and Safety, for inclusion as an item on the Council's agenda, in such form as
the Council may determine.
(7) All Additional Services Amendments shall be placed with the original contract in the Clerk- Treasurer's
Office and be considered a Public Record as defined by IC §5- 14 -3 -2.
SO ORDERED THIS 2 DAY OF PR/6 2010.
J fm
Ja s Brainard, Mayor
AT EST:
aney, City Attorney
[Z: \E Bass\My Documents \Execul veOrdersUB- 2010 -03 Exec Order Contracts revised.doc:4/29/2010 1:49 PM)